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Employees IL Supreme Court

Roetzel & Andress

Illinois Supreme Court Holds Overtime Rate Must Include Non-Discretionary Bonuses Unless They Are Gifts

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The Illinois Supreme Court held employers violate overtime law by not including non-discretionary bonus payments when calculating employees’ overtime rate. The case is Mercado v. S&C Electric Co., 2025 IL 129526 (Jan. 24,...more

Segal McCambridge

The Illinois State Legislature Set to Take up BIPA Reform

Segal McCambridge on

Recently, the Illinois General Assembly have restarted efforts to amend the Biometric Information Privacy Act of 2008 (“the Act”). On January 31, 2024, Senator Bill Cunningham introduced S.B. 2979 ostensibly to answer the...more

McDermott Will & Schulte

Illinois Supreme Court Denies Rehearing of BIPA Claim Accrual Ruling

On July 18, 2023, the Illinois Supreme Court denied a petition for rehearing in Cothron v. White Castle System, Inc., 2023 IL 128004. The denial comes five months after the Illinois Supreme Court ruled that claims accrue...more

Saul Ewing LLP

Illinois Construction Companies Beware: Illinois Biometric Information Privacy Act Violations Accrue With Every Collection of...

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On February 17, 2023, in Cothron v. White Castle System, Inc., 2023 IL 128004, the Illinois Supreme Court issued a sweeping decision concerning the Illinois Biometric Information Privacy Act (“BIPA”), which restricts the...more

Perkins Coie

Every Scan You Make: The Illinois Supreme Court Rules BIPA Claims Accrue With Each Biometric Data Collection or Disclosure

Perkins Coie on

The Illinois Supreme Court recently opened the floodgates for class actions under the Illinois Biometric Information Privacy Act (BIPA) and created potentially catastrophic exposure for Illinois businesses. In a close 4-3...more

Polsinelli

Biometric Claims Subject to Five-Year Statute of Limitations Under Illinois BIPA

Polsinelli on

The Supreme Court of Illinois recently resolved an outstanding and hotly debated question – claims brought under the Illinois Biometric Information and Privacy Act (BIPA) are subject to a five-year statute of limitations. The...more

Sheppard Mullin Richter & Hampton LLP

Illinois Supreme Court Rules All BIPA Claims Are Subject to Five-Year Time Limit

In a victory for the plaintiffs’ bar, the Illinois Supreme Court has ruled that all claims under Illinois’s Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., are subject to a five-year statute of...more

Perkins Coie

$228M Verdict in First Illinois Biometric Information Privacy Act Trial

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After a five-day trial and only an hour of deliberation, the nation’s first trial under the Illinois Biometric Information Privacy Act (BIPA) ended with a bang. The jury found that the defendant, BNSF Railway Company,...more

Amundsen Davis LLC

Beware! – Illinois Employers Can Be Liable For An Employee’s Negligence

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Courts in the United States are split on whether a company’s acknowledgment of vicarious liability for an employee’s negligence, bars a claim of direct negligence against the company. Based on appellate court decisions,...more

Perkins Coie

Illinois Supreme Court Nixes Employer Biometric Privacy Defense

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In the latest in a series of setbacks for employers facing claims under the Illinois Biometric Information Privacy Act (BIPA) (740 ILCS 14 et seq.), the Supreme Court of Illinois held last month that the Illinois Workers’...more

McDermott Will & Schulte

Illinois Supreme Court Eliminates Defense to Biometric Privacy Class Actions

Illinois’ Biometric Information Privacy Act (BIPA) has spawned a tsunami of class actions against employers who utilize biometric timekeeping or security systems. Now, the Illinois Supreme Court in McDonald v. Symphony...more

UB Greensfelder LLP

Illinois Supreme Court Rules Workers’ Compensation Act Does Not Bar Claims Under BIPA

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The Illinois Biometric Information Privacy Act (BIPA 740 ILCS 14/1 et seq.) requires employers to notify employees and other individuals before collecting their biometric identifiers such as fingerprints (...read our last...more

UB Greensfelder LLP

Time After Time: Illinois Supreme Court Asked To Decide When Statute of Limitations Accrues for BIPA Violations

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The Illinois Biometric Information Privacy Act (BIPA 740 ILCS 14/1 et seq.) requires businesses to notify individuals before collecting their biometric identifiers such as fingerprints (click here to read our previous client...more

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